Casello Pty Ltd

[2018] FWCA 4823

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Casello Pty Ltd

(AG2018/3604)

Casello Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018

Building, metal and civil construction industries
Commissioner Saunders	Port Macqaurie ,16 AUGUST 2018

Application for approval of the Casello Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

An application has been made for approval of an enterprise agreement known as the Casello Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Casello Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 August 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Casello Pty Ltd, sought approval of an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute was heard in the Fair Work Commission, where the applicants argued that the proposed agreement should be approved as a modern award. The union contested the application, raising several objections to specific provisions within the agreement.

The primary legal issues before the commission involved determining whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. These requirements included assessing whether the agreement provided for proper minimum terms and conditions of employment, and if it facilitated the efficient operation of the enterprise. The union argued that certain provisions did not adequately protect employee entitlements and that the agreement failed to meet the standards set by existing modern awards.

The commission found that while some provisions of the agreement did not sufficiently protect employee entitlements, the overall agreement provided for proper minimum terms and conditions. The commission approved the enterprise agreement, stating that the benefits of the agreement to the enterprise outweighed the potential shortcomings in certain provisions. The union's objections were largely dismissed as the commission found that the agreement facilitated the efficient operation of the enterprise.

The commission approved the Casello Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, subject to certain conditions and modifications to address the union's concerns. These conditions included the introduction of a formal dispute resolution procedure and the incorporation of provisions from relevant modern awards to ensure adequate protection of employee entitlements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established